Painsmith Landlord and Tenant Blog

A practitioners landlord and tenant law blog from PainSmith Solicitors

More Key Tenancy Deposit Cases Come to Court

Next week is a big week for political parties but it is also a big week for tenancy deposit protection.

Two key cases, Universal Estates v Tiensia and Honeysuckle Properties v Fletcher, are both being heard together before the Court of Appeal on 7 May.

Universal Estates concerns late registration of a tenancy deposit with the MyDeposits scheme. At first instance, the County Court held that the MyDeposits scheme had an initial requirement that the deposit be paid within 14 days on the basis of a statement made on a leaflet supplied to the tenant by the scheme. This is in direct contrast to the ruling of the High Court in the case of Draycott v Hannells Lettings which we have discussed on this blog at length.

The facts in Honeysuckle Properties are unknown but it is a case on which the Government are intervening and was originally intended to be the one that set the marker for all tenancy deposit protection cases.

The Court of Appeal ruling will be important and could overturn the High Court decision in Draycott so it will no doubt be awaited with baited breath by a number of different groups.

Filed under: England & Wales, ,

14 Responses

  1. […] is not re-protected Keep an eye on these Court Of Appeal cases 30 April, 2010 • 16:32 More Key Tenancy Deposit Cases Come to Court Next week is a big week for political parties but it is also a big week for tenancy deposit […]

  2. […] Protection – First High Court Decision More cases Court Of Appeal 30 April, 2010 • 16:32 More Key Tenancy Deposit Cases Come to Court Next week is a big week for political parties but it is also a big week for tenancy deposit […]

  3. kjetilniki says:

    government intervention on honeysuckle unknown to CoA 12 noon Monday 4/5/10

  4. Peter Smith says:

    We really need more info on the matter of Govt intervention.

    Do they have a right to intervene in a civil matter? Especially as there may be no certain Govt. on May 7th?

  5. PainSmith says:

    Yes they do. There is still a government on May 7, it is just that there is no Parliament. They are not the same thing. It was originally the case that the Government were intending to make argument in Honeysuckle as an intervenor but they may have decided to leave it.

  6. John Tudor Evans says:

    Is this hearing still hapening? If so will a judgement be made today or do you think it will go on a few days?

    I am taking a tenant to court (3 months behind in rent) on tuesday (11th May)so particualy of interest to me as I didnt protect deposit within 14 days (oversight) and if he tries to settle in the waiting room my decision will be based on rulling.

  7. PainSmith says:

    This is a Court of Appeal hearing so judgement will not be immediate. Casetracker shows that judgement has been reserved so it will be given in a few weeks. You will need to rely on the Draycott v Hannells case which will support your position to some extent.

  8. John Tudor Evans says:

    No news yet on this? My tennant has made an application for three times the deposit plus the deposit and i am starting to worry!

    My fault I know however it is a pile of money £340 X 6 X 4 = lots.

    Kind regards JTE

  9. westminster says:

    @John Tudor Evans
    Your tenant is claiming for non-compliance for SIX renewals?? Would love to know how you get on.

    @PainSmith
    Any news on when the decision will be known? I’ve heard on another forum of a claim which had been stayed pending outcome of Honeysuckle back in February which has now been given a Notice of Directions Hearing for the first week in July.

  10. PainSmith says:

    We still have no idea when this decision will appear. Hopefully it will be soon but the Court of Appeal is quite busy so it could take a while.

  11. Chris says:

    well Garden Court Chambers are running a seminar with the court of appeal decision in Universal Estates v Tiensia being one of the topics . . .perhaps they know something!

  12. PainSmith says:

    We expect they are hoping it will appear before that date. David Smith of this firm is speaking at a seminar on Tenancy Deposit Protection after Tiensia on 21 July and is hoping much the same thing!

  13. John Tudor Evans says:

    westminster says:
    18 June, 2010 at 20:31
    @John Tudor Evans
    Your tenant is claiming for non-compliance for SIX renewals?? Would love to know how you get on.

    No, £340 (weeks rent) x 6 (equels deposit) x 4 (equels 3xdeposit & deposit) not 6 renewals.

    Ta John

  14. […] More Key Tenancy Deposit Cases Come to Court April 201013 comments 5 […]

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